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Newsletter

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NASP Logo

MWL Lawyers/Speakers Featured At NASP Conference In Washington, D.C.

Announcements, NewsletterOctober 16, 2019

The 2019 National Association of Subrogation Professionals (NASP) Annual Conference will be held October 27 – 30 in Washington, D.C. Its lineup of speakers and topics is very good, as usual. MWL will have many experienced subrogation lawyers there who…

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South Dakota Flag

South Dakota Supreme Court Invents Policy Ambiguity, Denies Med Pay Subrogation

Auto, Med Pay, PIP, NewsletterOctober 15, 2019

James v. State Farm Mutual Auto. Ins. Co., 929 N.W.2d 541 (S.D. 2019). The origins of auto insurance can be traced all the way back to the ancient Chinese when investors took out insurance policies on cargo ships crossing the…

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Alaska Map

Alaska Finally Rules On Application Of Admissibility Of Amount Of Medical Billed Versus Paid

ERISA and Health Insurance, NewsletterOctober 14, 2019

For years, Alaska remained one of the last holdout states which had not provided any caselaw decisions to declare whether and what evidence of medical bill charges or payments could be introduced by the parties in a personal injury suit.…

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Louisiana Flag

Insurance Commissioner Overreached In Applying Made Whole Doctrine To Health Insurance Subrogation

ERISA and Health Insurance, NewsletterOctober 11, 2019

Bayham v. State of Louisiana, Through the Office of Group Benefits, 2019 WL 4073410 (La. App. 2019). In a line from the History Channel’s television series Vikings, Viking chieftain Ragnar Lothbrok looks down at the village of Kattegat with his son…

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Catherine Dowie

Matthiesen, Wickert & Lehrer, S.C. Welcomes Attorney Catherine Dowie To The Firm

Announcements, NewsletterSeptember 30, 2019

Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to welcome attorney Catherine Dowie to the firm as a litigation associate in our Wisconsin office. Catherine is licensed to practice law in Massachusetts and Vermont and her practice focuses on national…

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Florida Subrogation Law

Florida Returns To Daubert Standard For Admission Of Expert Testimony

Newsletter, SubrogationSeptember 27, 2019

The ink was barely dry on Florida Supreme Court’s 2018 decision in DeLisle v. Crane Co., 2018 WL 5075302 (Fla., Oct. 15, 2018). That decision declared Florida’s § 90.702 — which adopted the Daubert standard for the admission of expert…

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War Hazard Compensation Act

War Hazards Compensation Act Reimbursement Claims

Newsletter, Workers' CompensationSeptember 27, 2019

It’s Like Taking Candy from a Very, Very Particular Baby Congress enacted the Longshore and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation to specified employees of private maritime employers. 33 U.S.C. §§ 901-950. The Office of Workers’ Compensation…

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Homeowners Insurance Policy

THE GENERAL CONTRACTOR PROBLEM: Paying Overhead and Profit in First-Party Claims

Newsletter, PropertySeptember 26, 2019

Standard homeowner policies pay personal property claims at actual cash value (ACV), which is the replacement cost (RC) of the damaged property based on its current used condition. In other words, it is valued at what it would cost to…

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Stethoscope with Money

Zen And The Art Of Hospital Lien Maintenance

Newsletter, Workers' CompensationSeptember 16, 2019

Understanding Hospital Liens in All 50 States The advent, development, and implementation of hospital and health care provider lien laws in the U.S. is a subject which has permeated civil litigation and personal injury law. Simply put, a hospital or…

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New Jersey Flag

New Jersey’s Dangerous “Entire Controversy Doctrine”

Newsletter, PropertyAugust 26, 2019

Subrogation Rights Can Be Lost Before They Are Pursued.  New Jersey common law employs an equitable doctrine known as the “Entire Controversy Doctrine” (ECD), which can be a trap for the unwary and used as a secret weapon to destroy…

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